군인의 기본권 강화를 위한 「군인의 지위 및 복무에관한 기본법」의 평가와 개선방안 연구 - 기본권 보장의 규율 내용 및 적용의 범위를 중심으로- = 「Basic Law on the Status and Service of Soldiers」Revision Review Study

다국어 초록 (Multilingual Abstract)

Basic Law on the Status and Service of Soldiers was enacted in 2016 to legally guarantee the basic rights of soldiers in consideration of the fact that the violation of basic rights in the military was not eradicated, which could lead to the reduction of morale, combat power, and loss of public trust in the military, and that the military service regulations, which were regulated under the Presidential Decree without specific delegation, violated the principle of law.
In addition to the large number of soldiers serving in South Korean military units, however, South Korean troops belonging to the coalition or other civilian facilities are facing problems in the blind spot of the basic law on the status and service of soldiers as conditions for applying the law are not systematically guaranteed or are placed under a dual command system due to lack of law, albeit in a small number. This is a situation in which someone is placed under legal protection despite being the same soldier, while someone else is left with the issue of inequality that is not.
Of course, on the contrary, there are problems in which soldiers who serve in Korean military units intentionally violate the basic requirements of soldiers due to various benefits or a free atmosphere.
Thus, in order to solve these practical problems, the basic law on the status and service of soldiers was proposed in this paper.